Testimony of General
William Eaton (8/17/1807)
Mr. Hay proceeded to
the examination of the evidence on the part of the
United States General William Eaton was
sworn....General William Eaton was then called to give
his evidence. He inquired whether he might be
permitted to have a recurrence to his notes....THE
COURT decided that they were not admissible.
Mr Eaton May I
ask one further indulgence from the court? I
have been long before the public. Much stricture
and some severity have passed upon me May I, in
stating my evidence, be permitted to make some
explanation about the motives of my own conduct?
The CHIEF JUSTICE --
Perhaps it would be more correct for the court to
decide upon the propriety of the explanation when the
particular case occurs. Some cases may require
it; and if any objection be made to your explanation,
then the court will decide upon it.
Mr Eaton
Concerning an overt act which goes to prove Aaron Burr
guilty of treason, I know nothing
Mr Hay -- I wish you
to state to the court and jury the different
conversations you have had with the prisoner.
Mr Eaton
Concerning certain transactions which are said to have
happened at Blennerhassett's Island, or any agency
which Aaron Burr may be supposed to have had in them,
I know nothing. But concerning Colonel Burr's
expressions of treasonable intentions I know much, and
it is to these that my evidence relates.
Mr Martin -- I know
not how far the court's opinion extends
The CHIEF JUSTICE --
It is this: that any proof of intention formed before
the act itself, if relevant to the act, may be
admitted One witness may prove the intention at
one time, and another may prove it at another, so as
to prove the continuance of the intention throughout
the whole transaction, and therefore the proof of very
remote intentions may be relevant to this particular
act.
Mr Martin -- I trust
that when he speaks of a treasonable intention not
applicable to this act the court will stop him.
Mr Wickham -- If I
understand the opinion of the court correctly, it
relates to treason charged to be committed in
Virginia, and evidence of acts out of it is
inadmissible.
The CHIEF JUSTICE --
The intention to commit this crime, to erect an empire
in the West, and seize New Orleans, may be shown by
subsequent events to have been continued; and facts
out of the district may be proved, after the overt
act, as corroborative testimony.
Mr Eaton-- During the
winter of 1805-6, (I cannot be positive as to the
distinct point of time, yet during that winter,) at
the city of Washington, Aaron Burr signified to me
that he was organizing a military expedition to be
moved against the Spanish provinces on the
southwestern frontiers of the United States; I
understood under the authority of the general
government. From our existing controversies with
Spain, and from the tenor of the president's
communications to both houses of congress, a
conclusion was naturally drawn that war with that
power was inevitable. I had just then returned
from the coast of Africa, and having been for many
years employed on your frontier, or a coast more
barbarous and obscure, I was ignorant of the
estimation in which Colonel Burr was held by his
country. The distinguished rank he held in society,
and the strong marks of confidence which he had
received from his fellow citizens, did not permit me
to doubt of his patriotism. As a military
character, I had been made acquainted with none within
the United States under whose direction a soldier
might with greater security confide his honor than
Colonel Burr. In case of my country's being
involved in a war, I should have thought it my duty to
obey so honorable a call as was proposed to me.
Under impressions like these I did engage to embark
myself in the enterprise, and pledged myself to
Colonel Burr's confidence. At several interviews
in appeared to be his intention to convince me, by
maps and other documents, of the feasibility of
penetrating to Mexico. At length, from certain
indistinct expressions and innuendoes, I admitted a
suspicion that Colonel Burr had other projects. He
used strong expressions of reproach against the
administration of the government; accused them of want
of character, want of energy, and want of
gratitude. He seemed desirous of irritating my
resentment by dilating on certain injurious strictures
I had received on the floor of congress on account of
certain transactions on the coast of Tripoli, and also
on the delays in adjusting my accounts for advances of
money on account of the United States, and talked of
pointing out to me modes of honorable indemnity.
I will not conceal here that Colonel Burr had good
reasons for supposing me disaffected towards the
government; I had indeed suffered much from delays in
adjusting my accounts for cash advanced to the
government whilst I was consul at Tunis, and for the
expense of supporting the war with Tripoli. I
had but a short time before been compelled
ingloriously to strike the flag of my country on the
ramparts of a defeated enemy, where it had flown for
forty-five days. I had been compelled to
abandon my comrades in war on the fields, where they
had fought our battles. I had seen cash offered
to the half-vanquished chief of Tripoli, (as he had
himself acknowledged,) as the consideration of
pacification.
Mr Wickham -- By
whom?
Eaton-- By our
negotiator, when as yet no exertion had been made by
our naval squadron to coerce that enemy. I had
seen the conduct of the author of these blemishes on
our then proud national character, if not commended --
not censured; whilst my own inadequate efforts to
support that character were attempted to be thrown
into shade. To feelings naturally arising out of
circumstances like these, I did give strong
expression. Here I beg leave to observe, in justice to
myself, that however strong those expressions, however
harsh the language I employed, they would not justify
the inference that I was preparing to dip my sabre in
the blood of my countrymen, much less of their
children, which I believe would have been the case had
this conspiracy been carried into effect.
Mr Martin objected to
this language
Eaton--I listened to
Colonel Burr's mode of indemnity; and as I had by this
time begun to suspect that the military expedition he
had on foot was unlawful, I permitted him to believe
myself resigned to his influence that I might
understand the extent and motive of his
arrangements. Colonel Burr now laid open his
project of revolutionizing the territory west of the
Allegany, establishing an independent empire there;
New Orleans to be the capital, and he himself to be
the chief; organizing a military force on the waters
of the Mississippi, and carrying conquest to
Mexico. After much conversation which I do not
particularly recollect respecting the feasibility of
the project, as was natural, I stated impediments to
his operations; such as the republican habits of the
citizens of that country, their attachment to the
present administration of the government, the want of
funds, the opposition he would experience from the
regular army of the United States stationed on that
frontier, and the resistance to be expected from
Miranda, in case he should succeed in republicanizing
the Mexicans. Colonel Burr appeared to have no
difficulty in removing these obstacles. He
stated to me that he had in person, (I think the
preceding season,) made a tour through that country,
that he had secured to his interests and attached to
his person, (I do not recollect the exact expression,
but the meaning, and I believe the words were,) the
most distinguished citizens of Tennessee, Kentucky,
and the territory of Orleans; that he had
inexhaustible resources and funds; that the army of
the United States would act with him; that it would be
reinforced by ten or twelve thousand men from the
above mentioned states and territory; that he had
powerful agents in the Spanish territory, and "as for
Miranda," said Mr Burr, facetiously, "we must hang
Miranda." In the course of several conversations on
this subject, he proposed to give me a distinguished
command in his army; I understood him to say the
second command. I asked him who would command in
chief. He said, General Wilkinson.
I observed that it was
singular he should count upon General Wilkinson; the
distinguished command and high trust he held under
government, as the commander-in-chief of our army, and
as governor of a province, he would not be apt to put
at hazard for any prospect of precarious
aggrandizement. Colonel Burr stated that General
Wilkinson balanced in the confidence of his country;
that it was doubtful whether he would much longer
retain the distinction and confidence he now enjoyed;
and that he was prepared to secure to himself a
permanency. I asked Colonel Burr if he knew
General Wilkinson. He said, yes; and echoed the
question. I told him that twelve years ago I was
at the same time a captain in the wing of the legion
of the United States which General Wilkinson
commanded, his acting brigade-major, and aide-de-camp,
and that I thought I knew him well. He asked me
what I knew of General Wilkinson? I said I knew
General Wilkinson would act as lieutenant to no man in
existence. "You are in an error" said Mr Burr,
"Wilkinson will act as lieutenant to me." From the
tenor of much conversation on this subject, I was
prevailed on to believe that the plan of revolution
meditated by Colonel Burr, and communicated to me, had
been concerted with General Wilkinson, and would have
his co-operation; for Colonel Burr repeatedly and very
confidently expressed his belief that the influence of
General Wilkinson with his army, the promise of double
pay and rations, the ambition of his officers, and the
prospect of plunder and military achievements, would
bring the army generally into the measure.
Mr Hay -- You allude
to a revolution for overthrowing the government at
Washington, and of revolutionizing the Eastern
states.
Eaton-- I was passing
over that, to come down to the period when I supposed
he had relinquished that design, and adhered to the
project of revolutionizing the West.
Mr Wickham -- What
project do you mean?
Eaton-- A central
general revolution I was thoroughly convinced
myself that such a project was already so far
organized as to be dangerous, and that it would
require an effort to suppress it. For in
addition to positive assurances that Colonel
Burr had of assistance and co-operation, he said that
the vast extent of territory of the United States west
of the Allegany Mountains, which offered to
adventurers, with a view on the mines of Mexico, would
bring volunteers to his standard from all quarters of
the Union. The situation which these
communications, and the impressions they made upon me,
placed me in, was peculiarly delicate. I had no
overt act to produce against Colonel Burr. He
had given me nothing upon paper; nor did I know of any
person in the vicinity who had received similar
communications, and whose testimony might support
mine. He had mentioned to me no person as
principally and decidedly engaged with him but General
Wilkinson; a Mr Alston, who, I afterwards learned, was
his son-in-law; and a Mr Ephraim Kibby, who, I learnt,
was late a captain of rangers in Wayne's army.
Of General Wilkinson, Burr said much, as I have
stated; of Mr Alston, very little, but enough to
satisfy me that he was engaged in the project; and of
Kibby, he said that he was brigade-major in the
vicinity of Cincinnati, (whether Cincinnati in Ohio or
in Kentucky I know not,) who had much influence with
the militia, and had already engaged the majority of
the brigade to which he belonged, who were ready to
march at Mr Burr's signal. Mr Burr talked of
this revolution as a matter of right, inherent in the
people, and constitutional; a revolution which would
rather be advantageous than detrimental to the
Atlantic states; a revolution which must eventually
take place, and for the operation of which the present
crisis was peculiarly favorable. He said there
was no energy to be dreaded in the general government,
and his conversations denoted a confidence that his
arrangements were so well made that he should
meet with no opposition at New Orleans, for the army
and chief citizens of that place were now ready to
receive him. On the solitary ground upon which I
stood, I was at a loss how to conduct myself, though
at no loss as respected my duty. I durst not
place my lonely testimony in the balance against the
weight of Colonel Burr's character, for by turning the
tables upon me, which I thought any man, capable of
such a project, was very capable of doing, I should
sink under the weight. I resolved therefore with
myself to obtain the removal of Mr Burr from this
country, in a way honorable to him; and on this I did
consult him, without his knowing my motive.
Accordingly I waited on the president of the United
States, and after a desultory conversation in which I
aimed to draw his view to the westward, I took the
liberty of suggesting to the president that I thought
Colonel Burr ought to be removed from the country
because I considered him dangerous in it.
The president asked where we should send him?
Other places might have been mentioned, but I believe
that Paris, London and Madrid were the places which
were particularly named. The president, without
positive expression, (in such a matter of delicacy,)
signified that the trust was too important, and
expressed something like a doubt about the integrity
of Mr Burr. I frankly told the president
that perhaps no person had stronger grounds to suspect
that integrity than I had; but that I believed his
pride of ambition had so predominated over his other
passions, that when placed on an eminence, and put on
his honor, a respect to himself would secure his
fidelity. I perceived that the subject was
disagreeable to the president, and to bring him to my
point in the shortest mode, and at the same time point
to the danger, I said to him that I expected that we
should in eighteen months have an insurrection, if not
a revolution, on the waters of he Mississippi.
The president said he had too much confidence in the
information, the integrity, and attachment to the
Union of the citizens of that country, to admit any
apprehensions of that kind. The circumstance of
no interrogatories being made to me I thought imposed
silence upon me at that time and place. Here,
sir, I beg indulgence to declare my motive for
recommending that gentleman to a foreign mission at
that time; and in the solemnity with which I stand
here, I declare that Colonel Burr was neutral in my
feelings; that it was through no attachment to him
that I made that suggestion, but to avert a great
national calamity which I saw approaching; to arrest a
tempest which seemed lowering in the West, and to
divert into a channel of usefulness those consummate
talents which were to mount "the whirlwind and direct
the storm." These, and these only, were my reasons for
making that recommendation. About the time of my
having waited on the president, or a little before, (I
cannot, however, be positive whether before or after,)
I determined at all events to have some evidence of
the integrity of my intentions, and to fortify myself
by the advice of two gentlemen, members of the house
of representatives, whose friendship and confidence I
had the honor long to retain, and in whose wisdom and
integrity I had the utmost faith and reliance. I
am at liberty to give their names if required. I
do not distinctly recollect, but I believe that I had
a conversation with
a senator on the subject. I developed to them
all Mr Burr's plans. They did not seem much alarmed.
Mr Martin objected to
the witness stating any of the observations of other
persons to himself.
After some desultory
conversation between the counsel on both sides, the CHIEF
JUSTICE said that though more time was wasted by
stopping the witness than by letting him tell his
story in his own way, yet if it were required he must
be stopped when he gave improper testimony. He
then told the witness, "You are at liberty to
vindicate yourself, but declarations of other
gentlemen are not to be mentioned, because that
certainly would be improper."
Mr Eaton -- I did ask
indulgence of the court to make such explanations,
because perversions of my conduct were before the
public. But I waive this indulgence, contented
with meeting these perversions at some other time and
place
The CHIEF JUSTICE --
You have used that indulgence
Mr Eaton -- Little
more passed between Colonel Burr and myself relevant
to this inquiry while I remained at Washington.
Though I could perceive symptoms of distrust in him
towards me, he was solicitous to engage me in his
western plans. I returned to Massachusetts, to
my own concerns, and thought no more of Colonel Burr,
or his projects, or revolutions, until in October last
a letter was put into my hands at Brumfield, from Mr
Belknap, of Marietta, to T E Danielson, of Brumfield,
stating that Mr Burr had contracted for boats, which
were building on the Ohio.
Mr Burr -- Have you
that letter?
Mr Eaton -- No.
Mr Burr -- It is
improper, then, to state it.
Mr Eaton -- As to
letters, I have had no correspondence with Colonel
Burr. I was about to state that I had made a
communication, through Mr Granger, to the president of
the United States, stating the views of Colonel Burr,
and a copy of the letter from Belknap was transmitted
to the department of state.
Mr Wirt -- Was there
any conversation between you and the prisoner in which
you spoke of the odium attached to the name of
usurper?
Mr Eaton -- That
conversation was excluded by the opinion of the court,
as relating to the central project.
Mr Hay -- Did you mean
to state that the honorable indemnity proposed to you
by the prisoner was to be included in this plan?
Mr Eaton -- I
understood it to be included in the perpetual rank and
emolument to be assigned me. In his
conversations he declared that he should erect a
permanent government, of which he was to be the
chief, and he repeated it so often that I could not
have misunderstood him.
Cross-questioned:
Mr Martin -- Do you
recollect when you arrived in Washington?
Mr Eaton -- I said
that I did not recollect particularly. But the
principal part of these conversations must have been
between the middle of February and the latter end of
March, 1806. I arrived here in the latter end on
November, 1805, at Philadelphia, and in December went
to New England, and afterwards returned. These
conversations happened after my return.
Mr. Martin-- Do you
recollect any particular conduct of yours calculated
to put an end to
Colonel Burr's
importunities?
Eaton-- Yes. At
some of our last interviews I laid on his table a
paper containing the toast which I had given to the
public, with an intention that he should see it, but I
do not know that he did see it, but I believe it
"The United States: Palsy to the brain that should
plot to dismember and leprosy to the hand that will
not draw to defend our Union."
Mr. Martin--Where was
that toast drunk?
Eaton-- I cannot
say. This question was made to me from
authority. It was sent, with other toasts I had
corrected, to a paper at Springfield. I laid
this paper on Colonel Burr's table.
Mr Burr -- Do you
recollect when you left Washington?
Eaton--About the 5th
or 6th of April....
Mr Burr-- You spoke of
accounts with the government. Did you or the
government demand money?
Eaton-- They had no
demand on me. I demanded money of them.
Mr Burr-- Did they
state in account a balance against you?
Eaton-- I expended
money for the service of the United States when
employed as consul at Tunis, an account of which being
presented to the accounting officers of the treasury,
they, I was told, had no legal discretion to settle
it. As there was no law to authorize this
adjustment, I did refer to the congress of
1803-4. A committee had reported on my claims,
favorably, as I supposed. Then my accounts were
left. When I went, however, to the coast of
Barbary, and when I returned, after eighteen months, I
renewed my claim to the congress. I found that
new difficulties had occurred to prevent an
adjustment. Leaving out the sums I had advanced,
the government had a considerable balance against
me....
Mr Martin -- Did not
Colonel Burr confine his plans to attack the Spanish
provinces, for the most considerable part of the time,
to the event of a war with Spain?
Eaton-- Not for the
most considerable part of the time, but for some
time....
Mr Martin -- What
balance did you receive?
Eaton-- That is my
concern, sir.
Mr Burr -- What was
the balance against you?
Mr Eaton (to the
court) -- Is that a proper question?
Mr Burr -- My object
is manifest; I wish to show the bias which has existed
on the mind of the witness.
The CHIEF JUSTICE saw
no objections to the question.
Mr Eaton-- I
cannot say to a cent or a dollar, but I have received
about 10,000 dollars.
Mr Burr -- When was
the money received?
Eaton-- About March
last.
Mr Burr-- You
mentioned Miranda. Where did you understand he
was gone to?
Eaton-- On the
benevolent project of revolutionizing the Spanish
provinces.
Mr Burr-- What part of
them?
Eaton-- Caracas.
I had some reason, too, to know something of that
project, because I too was invited to join in
that. He, too, was to have been an emperor; he
might have been troublesome to us; and of course when
I asked you what was to be done with him, you
observed, "hang him."
Mr Burr-- Did you
understand that I was to do all at once, to execute
the central project
too as well as that in the
West?
Eaton-- I have no
objection to answering that, but it will be nothing in
your favor. When Colonel Burr was speaking of a
central revolution, not much was said about his
revolution in the West. Had the other been
effected I doubt much whether you would have been
willing to have separated that part.
Mr Burr-- You spoke of
a command?
Eaton-- You stated
what I have already mentioned, that you were assured,
from the arrangements which you had made, that an army
would be ready to appear when you went to the waters
of the western country. I recollect particularly
the name of Ephraim Kibby, who had been a ranger in
General Wayne's army. You asked me about his
spirit. You gave me to understand that his
brigade was ready to join you, and that the people
also in that country were ready to engage with you in
the enterprise. You spoke of your riflemen, your
infantry, your cavalry. It was with the same
view you mentioned to me that that man (pointing to
General Wilkinson, just behind him) was to have been
the first to aid you, and from the same views you have
perhaps mentioned me.
Mr Martin objected to
the witness interposing his own opinions in this
manner.
Mr Hay -- Some
allowance is to be made for the feelings of a man of
honor.
Mr Eaton, bowing,
apologized to the court for the warmth of his
manner.
Mr Burr -- You spoke
of my revolutionizing the western states. How
did you understand that the Union was to be
separated?
Eaton--Your principal
line was to be drawn by the Alleghany mountains.
You were persuaded that you had secured to you the
most considerable citizens of Kentucky and Tennessee,
but expressed some doubts about Ohio; I well recollect
that on account of the reason which you gave: that
they were too much of a plodding, industrious people
to engage in your enterprise.
Mr Burr-- How was the
business to be effected?
Eaton-- I understood
that your agents were in the western country; that the
army and the commander-in-chief were ready to act at
your signal; and that these, with the adventurers that
would join you, would compel the states to agree to a
separation. Indeed, you seemed to consider New
Orleans as already yours, and that from this point you
would send expeditions into the other provinces, make
conquests, and consolidate your empire.
Mr Burr--Was it after
all this that you recommended me to the president for
an embassy?
Eaton--Yes; to remove
you, as you were a dangerous man, because I thought it
the only way to avert a civil war.
Mr Burr-- Did you
communicate this to me, and what did I say?
Eaton-- Yes; you
seemed to assent to the propositions.
Mr Burr-- What had
become of your command?
Eaton-- That I had
disposed of myself.
Mr Burr-- Did you
understand that you had given me a definite answer?
Eaton--No; after you
had developed yourself, I determined to use you
until I got everything out of you; and on the
principle that, "when innocence is in danger, to break
faith with a bad man is not fraud, but virtue."
Mr Burr--Did you think
that your proposition, as to a foreign embassy, which
was so incompatible with my own plans, would be
received by me with indifference had I abandoned the
project?
Eaton-- You seemed to
me to want some distinguished place; as to the mode,
you were indifferent; and you seemed to acquiesce in
the plan of a foreign embassy.
Mr Hay -- You said
that you received about $10,000 from the government in
consequence of a law passed for the purpose. The
act of congress did not give you a definitive
sum?
Eaton--The act of
congress gave the accounting officers the power of
settling with me on equitable principles under the
inspection of the secretary of state; under whose
department I had served, and the settlement was
accordingly made.
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